Illinois General Assembly - Full Text of SB1619
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Full Text of SB1619  97th General Assembly


Sen. Heather A. Steans

Filed: 3/14/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 1619 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
527-9.1 as follows:
6    (105 ILCS 5/27-9.1)  (from Ch. 122, par. 27-9.1)
7    Sec. 27-9.1. Sex Education.
8    (a) In this Section:
9    "Adapt" means to modify an evidenced-based program model
10for use with a particular demographic, ethnic, linguistic, or
11cultural group.
12    "Age appropriate" means suitable to particular ages or age
13groups of children and adolescents, based on the developing
14cognitive, emotional, and behavioral capacity typical for the
15age or age group.
16    "Evidenced-based program" means a program for which



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1systematic, empirical research or evaluation has provided
2evidence of effectiveness.
3    "Medically accurate" means verified or supported by the
4weight of research conducted in compliance with accepted
5scientific methods and published in peer-reviewed journals, if
6applicable, or comprising information recognized as accurate,
7objective, and complete.
8    (a-5) (a) No pupil shall be required to take or participate
9in any class or course in comprehensive sex education if his
10parent or guardian submits written objection thereto, and
11refusal to take or participate in such course or program shall
12not be reason for suspension or expulsion of such pupil. Each
13class or course in comprehensive sex education offered in any
14of grades 6 through 12 shall include instruction on both
15abstinence and contraception for the prevention of pregnancy
16and sexually transmitted diseases, including HIV/AIDS the
17prevention, transmission and spread of AIDS. Nothing in this
18Section prohibits instruction in sanitation, hygiene or
19traditional courses in biology.
20    (b) All public elementary, junior high, and senior high
21school classes that teach sex education and discuss sexual
22intercourse shall emphasize that abstinence is the expected
23norm in that abstinence from sexual intercourse is the only
24protection that is 100% effective against unwanted teenage
25pregnancy, sexually transmitted diseases, and acquired immune
26deficiency syndrome (AIDS) when transmitted sexually.



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1    (c) All public elementary, junior high, and senior high
2school classes that teach sex education and courses that
3discuss sexual intercourse shall satisfy the following
5        (1) Course material and instruction shall be
6    developmentally and age appropriate, medically accurate,
7    and complete.
8        (1.5) Course material and instruction shall replicate
9    evidence-based programs or substantially incorporate
10    elements of evidence-based programs.
11        (2) Course material and instruction shall teach honor
12    and respect for monogamous heterosexual marriage.
13        (3) Course material and instruction shall place
14    substantial emphasis on both abstinence and contraception
15    for the prevention of pregnancy and sexually transmitted
16    diseases among youth and shall stress that abstinence is
17    the ensured method of avoiding unintended pregnancy,
18    sexually transmitted diseases, and HIV/AIDS pupils should
19    abstain from sexual intercourse until they are ready for
20    marriage.
21        (4) Course material and instruction shall include a
22    discussion of the possible emotional and psychological
23    consequences of preadolescent and adolescent sexual
24    intercourse outside of marriage and the consequences of
25    unwanted adolescent pregnancy.
26        (5) Course material and instruction shall stress that



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1    sexually transmitted diseases are serious possible hazards
2    of sexual intercourse. Pupils shall be provided with
3    statistics based on the latest medical information citing
4    the failure and success rates of condoms in preventing AIDS
5    and other sexually transmitted diseases.
6        (6) Course material and instruction shall advise
7    pupils of the laws pertaining to their financial
8    responsibility to children born in and out of wedlock.
9        (7) Course material and instruction shall advise
10    pupils of the circumstances under which it is unlawful for
11    males to have sexual relations with females under the age
12    of 18 to whom they are not married pursuant to Article 12
13    of the Criminal Code of 1961, as now or hereafter amended.
14        (8) Course material and instruction shall teach pupils
15    to not make unwanted physical and verbal sexual advances
16    and how to say no to unwanted sexual advances. Pupils shall
17    be taught that it is wrong to take advantage of or to
18    exploit another person. The material and instruction shall
19    also encourage youth to resist negative peer pressure.
20        (9) (Blank).
21        (10) Course material and instruction shall teach
22    pupils about the dangers associated with drug and alcohol
23    consumption during pregnancy.
24        (11) Course material and instruction shall be free from
25    bias in accordance with the Illinois Human Rights Act.
26    (d) An opportunity shall be afforded to individuals,



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1including parents or guardians, to examine the instructional
2materials to be used in such class or course.
3    (e) The State Board of Education shall make available
4resource materials, with the cooperation and input of the
5agency that administers grant programs consistent with
6criteria (1) and (2) of subsection (d) of this Section, for
7educating children regarding sex education and may take into
8consideration the curriculum on this subject developed by other
9states, as well as any other curricular materials suggested by
10education experts and other groups that work on sex education
11issues. Materials may include without limitation model sex
12education curriculums and sexual health education programs.
13The State Board of Education shall make these resource
14materials available on its Internet website. School districts
15may adapt such programs to the specific needs of their
17(Source: P.A. 96-1082, eff. 7-16-10.)
18    Section 10. The Critical Health Problems and Comprehensive
19Health Education Act is amended by changing Section 3 as
21    (105 ILCS 110/3)
22    Sec. 3. Comprehensive Health Education Program. The
23program established under this Act shall include, but not be
24limited to, the following major educational areas as a basis



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1for curricula in all elementary and secondary schools in this
2State: human ecology and health, human growth and development,
3the emotional, psychological, physiological, hygienic and
4social responsibilities of family life, including sexual
5abstinence until marriage, prevention and control of disease,
6including instruction in grades 6 through 12 on the prevention,
7transmission and spread of AIDS, sexual assault awareness in
8secondary schools, public and environmental health, consumer
9health, safety education and disaster survival, mental health
10and illness, personal health habits, alcohol, drug use, and
11abuse including the medical and legal ramifications of alcohol,
12drug, and tobacco use, abuse during pregnancy, evidence-based
13and medically accurate information regarding sexual abstinence
14until marriage, tobacco, nutrition, and dental health. The
15program shall also provide course material and instruction to
16advise pupils of the Abandoned Newborn Infant Protection Act.
17The program shall include information about cancer, including
18without limitation types of cancer, signs and symptoms, risk
19factors, the importance of early prevention and detection, and
20information on where to go for help. Notwithstanding the above
21educational areas, the following areas may also be included as
22a basis for curricula in all elementary and secondary schools
23in this State: basic first aid (including, but not limited to,
24cardiopulmonary resuscitation and the Heimlich maneuver),
25heart disease, diabetes, stroke, the prevention of child abuse,
26neglect, and suicide, and teen dating violence in grades 8



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1through 12.
2    The school board of each public elementary and secondary
3school in the State shall encourage all teachers and other
4school personnel to acquire, develop, and maintain the
5knowledge and skills necessary to properly administer
6life-saving techniques, including without limitation the
7Heimlich maneuver and rescue breathing. The training shall be
8in accordance with standards of the American Red Cross, the
9American Heart Association, or another nationally recognized
10certifying organization. A school board may use the services of
11non-governmental entities whose personnel have expertise in
12life-saving techniques to instruct teachers and other school
13personnel in these techniques. Each school board is encouraged
14to have in its employ, or on its volunteer staff, at least one
15person who is certified, by the American Red Cross or by
16another qualified certifying agency, as qualified to
17administer first aid and cardiopulmonary resuscitation. In
18addition, each school board is authorized to allocate
19appropriate portions of its institute or inservice days to
20conduct training programs for teachers and other school
21personnel who have expressed an interest in becoming qualified
22to administer emergency first aid or cardiopulmonary
23resuscitation. School boards are urged to encourage their
24teachers and other school personnel who coach school athletic
25programs and other extracurricular school activities to
26acquire, develop, and maintain the knowledge and skills



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1necessary to properly administer first aid and cardiopulmonary
2resuscitation in accordance with standards and requirements
3established by the American Red Cross or another qualified
4certifying agency. Subject to appropriation, the State Board of
5Education shall establish and administer a matching grant
6program to pay for half of the cost that a school district
7incurs in training those teachers and other school personnel
8who express an interest in becoming qualified to administer
9cardiopulmonary resuscitation (which training must be in
10accordance with standards of the American Red Cross, the
11American Heart Association, or another nationally recognized
12certifying organization) or in learning how to use an automated
13external defibrillator. A school district that applies for a
14grant must demonstrate that it has funds to pay half of the
15cost of the training for which matching grant money is sought.
16The State Board of Education shall award the grants on a
17first-come, first-serve basis.
18    No pupil shall be required to take or participate in any
19class or course on AIDS or family life instruction if his
20parent or guardian submits written objection thereto, and
21refusal to take or participate in the course or program shall
22not be reason for suspension or expulsion of the pupil.
23    Curricula developed under programs established in
24accordance with this Act in the major educational area of
25alcohol and drug use and abuse shall include classroom
26instruction in grades 5 through 12. The instruction, which



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1shall include matters relating to both the physical and legal
2effects and ramifications of drug and substance abuse, shall be
3integrated into existing curricula; and the State Board of
4Education shall develop and make available to all elementary
5and secondary schools in this State instructional materials and
6guidelines which will assist the schools in incorporating the
7instruction into their existing curricula. In addition, school
8districts may offer, as part of existing curricula during the
9school day or as part of an after school program, support
10services and instruction for pupils or pupils whose parent,
11parents, or guardians are chemically dependent.
12(Source: P.A. 95-43, eff. 1-1-08; 95-764, eff. 1-1-09; 96-128,
13eff. 1-1-10; 96-328, eff. 8-11-09; 96-383, eff. 1-1-10;
1496-1000, eff. 7-2-10.)".